Tshifhango and Another v Minister of Justice and Correctional Services and Others (JR951/16) [2017] ZALCJHB 131 (25 April 2017)
- Citation
- [2017] ZALCJHB 131
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Prinsloo
- Case number
- JR951/16
More details
- Court
- Labour Court Johannesburg
- Panel
- Prinsloo
- Case number
- JR951/16
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the respondents have satisfied the requirements for leave to appeal by demonstrating reasonable prospects that another court could reach a different conclusion. Additionally, the matter raises an important question of law that warrants consideration by an appellate court. Accordingly, leave to appeal is granted and costs are to be costs in the appeal.
Court disposition
Leave to appeal granted; costs to be costs in the appeal.
Orders
- Leave to appeal is granted.
- Costs to be costs in the appeal.
02
Material facts
Parties
Tsakani Isabel Tshifhango
ApplicantElizabeth Kuki Makhondo
ApplicantMinister of Justice and Correctional Services
RespondentDirector General: Justice and Constitutional Development
RespondentRegional Head: Justice and Constitutional Development
RespondentActing Director Human Resources: Justice and Constitutional Development, Gauteng
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 23 March 2017.
04
Questions and positions
Legal issues
- 01
Whether the respondents have demonstrated reasonable prospects of success on appeal.
- 02
Whether there is an important question of law warranting consideration by another court.
- 03
Whether leave to appeal should be granted.
Party arguments
- Applicant
- The applicants opposed the application for leave to appeal, contending that the respondents have not shown reasonable prospects of success and that the judgment of the court a quo was correct on both the facts and the law.
- Respondent
- The respondents argued that there are reasonable prospects that another court could reach a different conclusion and that the matter raises important questions of law which merit consideration on appeal.
05
Court’s reasoning
Legal principles
- 01
Westing House Break and Equipment (Pty) Ltd v Bilger Engineering (Pty) Ltd 1986 (2) SA 555 (A)
Leave to appeal should be granted if there are reasonable prospects of success or if the matter raises important questions of law.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the respondents have satisfied the requirements for leave to appeal by demonstrating reasonable prospects that another court could reach a different conclusion. Additionally, the matter raises an important question of law that warrants consideration by an appellate court. Accordingly, leave to appeal is granted and costs are to be costs in the appeal.
Obiter and limits
- The court noted that it is not necessary to repeat the parties' submissions in detail, as the central issue is whether the requirements for leave to appeal have been met.
- The court emphasized the importance of allowing appeals in matters of public or legal significance, as established in precedent.
Court disposition
Leave to appeal granted; costs to be costs in the appeal.
- Leave to appeal is granted.
- Costs to be costs in the appeal.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
THE
LABOUR COURT OF SOUTH AFRICA
JOHANNESBURG
Not reportable
Case no: JR 951/16
TSAKANI
ISABEL
TSHIFHANGO
First Applicant
ELIZABETH
KUKI MAKHONDO
Second
Applicant
and
THE MINISTER
OF JUSTICE AND
CORRECTIONAL
SERVICES
First Respondent
THE DIRECTOR GENERAL: JUSTICE AND
CONSTITUTIONAL
DEVELOPMENT
Second Respondent
THE REGIONAL HEAD: JUSTICE AND
CONSTITUTIONAL
DEVELOPMENT Third Respondent
THE ACTING DIRECTOR HUMAN RESOURCES:
Fourth Respondent
JUSTICE AND CONSTITUTIONAL DEVELOPMENT,
GAUTENG
Decided: In Chambers
Judgment: 25 April 2017
JUDGMENT: APPLICATION FOR LEAVE TO
APPEAL
PRINSLOO J.
[1] The Respondents filed an application for leave to appeal against the whole of the judgment and order of this Court handed down on 23 March 2017.
[2] The application for leave to appeal is opposed and both parties filed comprehensive written submissions.
[3] I have considered the grounds for appeal as raised by the Respondents as well as the submissions made in support and in opposition thereof and I do not intend to repeat those herein.
[4] It is trite that in order to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law another court could arrive at a conclusion different than the one reached by the Court a quo.
[5] Suffice to say that after due consideration of the application for leave to appeal, I am satisfied that there is a reasonable prospect that another court could arrive at a different conclusion than the one arrived at by this Court. Furthermore, I am also of the view that there is an important question of law that should be decided and that requires the appeal to be heard. In Westing House Break and Equipment (Pty) Ltd v Bilger Engineering (Pty) Ltd[1] the court stated that an appeal should be allowed where the matter is of great importance or where the matter is of public importance or where the court is of the view that the decision might affect other questions.
Order
[6] I therefore make the following order:
6.1 Leave to appeal is granted.
6.2 Costs to be costs in the appeal.
______
Connie Prinsloo
Judge of the Labour Court
[1] 1986 (2) SA 555 (A)
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